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July 7, 2005
EPA PERMIT FOR ALASKA GOLD MINE SETS DANGEROUS PRECEDENT
The
Environmental Protection Agency (EPA) issued a permit last week that will allow
the Coeur d'Alene mining company to discharge mining waste from a proposed
gold mine into a lake in the Tongass National Forest near Berner's Bay in Southeast
Alaska, paving the way for mining companies all over the country to follow
suit.
Bonnie Gestring, field staff for EARTHWORKS said, "This is the first time since the Clean Water Act passed that the federal government has allowed 'tailings' [a form of mining waste] into a pristine lake, a significant departure from traditional public policy, setting a dangerous precedent for future mining developments."
Gov. Frank Murkowski hailed the EPA permit as a significant economic milestone, calling it “yet another example of how our natural resources can be developed, while protecting our environment.”
But environmentalists say the mine could spoil an area known for its scenic beauty and fish and wildlife abundance. They said they are worried about waste discharges from the mine and vessel traffic associated with it.
The EPA permit was granted after a rule change to the Clean Water
Act, pushed by the Bush Administration, which allows tailings -- waste rock
and chemically-processed mine waste -- to be classified as "fill"
rather than "waste." Environmentalists criticized the change as a
backdoor attempt to circumvent a court ruling that found that mining 
waste
in Appalachian mountain streams violates the Clean Water Act. [1]
Normally an impoundment facility is built near a mine to legally dispose of mining waste, a costly process that Coeur d'Alene wanted to avoid. The EPA rule change, however, means that Coeur d'Alene can dump tailings containing arsenic, cadmium, copper, chromium, lead, mercury, nickel, selenium and zinc into the nearby lake without violating the Clean Water Act. [2]
According
to Gestring, "This decision blatantly contradicts the Clean Water Act's
fundamental purpose, which is to prevent America's lakes, streams, and rivers
from being turned into toxic waste dumps." [3]
According to the mining company's environmental review, the barrage of chemicals in the lake will likely exterminate the fish population, Coeur d'Arlene claims, however, that the population will re-emerge after mining activity ceases, within the next 12-15 years. Gestring, however, disputed the possibility of such a comeback, telling BushGreenwatch, "There is no historical precedent for a fish population returning after its habitat has been subjected to so many chemicals for such a long period of time."
Critics of the permit claim this is yet another example of EPA
changing long-standing rules to accommodate industry interests. Kat Hall, a
representative of the Southeast Alaska Conservation Council, told BushGreenwatch,
"Instead of protecting Alaska's clean water, the EPA is sacrificing it
for the profits of a mining company." 
The federal government has deemed Berner's Bay and its surrounding lakes an "aquatic resource of national importance." The region is home to a variety of wildlife including, sea lions, humpback whales, four species of wild salmon, bald eagles, brown and black bears, and moose.
The
option of dumping tailings in a natural lake is usually off-limits under the
federal Clean Water Act. But Coeur Alaska was able to get congressional approval
to classify its tailings as "fill" instead of conventional mine tailings.
The Southeast Alaska Conservation Council has termed the legislation approving the dumping a "horrible precedent" and contrary to the primary goal of the Clean Water Act, which is to eliminate pollution discharges to U.S. water bodies.
"I can't believe they think they can take a pristine lake, fill it with waste and call it better. It's just fine the way it is," said John Hudson of Friends of Berners Bay. "If the mining industry has to come up with that much waste, they should be putting it somewhere else."